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UAP is the IAPOA


The United Architects of the Philippines (UAP) is the duly accredited IAPOA (Integrated and Accredited
Professional Organization of Architects) by the PRC.
This presentation was prepared by the Commission on Professional Practice under Ar. Peach
Buencamino, uap, so that UAP members will be enlightened on how UAP became the IAPOA and why
the UAP membership certificate is being required by the PRC in the renewal of PRC IDs.

Is the payment of annual dues a necessary consequence of membership in the organization (UAP)
as per RA 9266 and its IRR?
The payment of dues is a necessary consequence of membership in UAP. Section 40 of the Architecture
Act of 2004, (RA 9266) expressly provides for such payment, thus:
Section 40. Integration of the Architecture Profession The Architecture profession shall be integrated
into one (1) national organization which shall be accredited by the Board, subject to the approval by the
Commission, as the integrated and accredited professional organization of architects: Provided, however,
That such an organization shall be registered with the Securities and Exchange Commission, as a nonprofit, non-stock corporation to be governed by by-laws providing for a democratic election of its officials.
An architect duly registered with the Board shall automatically become a member of the integrated and
accredited professional organization of architects and shall receive the benefits and privileges provided
for in this Act upon payment of the required fees and dues. Membership in the integrated and accredited
professional organization of architects shall not be a bar to membership in other associations of
architects." (Underscoring supplied)
Is membership in any chapter not compulsory because it is not part of RA9266?
It is arguable that UAP may validly require membership in a local chapter if it is provided in UAP's by-laws
and it is not unduly unreasonable or oppressive.
Section 40 of RA 9266 provides that "(a)n architect duly registered with the Board
shallautomatically become member of the integrated and accredited professional organization of
architects and shall receive the benefits and privileges provided for in this Act upon payment of the
required fees and dues." However, it also provides that the integrated and accredited professional
organization of architects (i.e., UAP) shall be a "non-profit, non-stock corporation to be governed by bylaws". This may be taken to mean that the UAP has sufficient discretion on how to organize itself in the
manner it deems most appropriate and conducive to its goals as an organization. As long as the
organizational set-up it adopts is set forth in the By-Laws and will not bring undue hardship or
unreasonable demands on its members, said organizational set-up should be deemed valid.

According to UAP's By-Laws, the organizational set-up adopted by UAP involves a national organization
with local chapters (Article III). The By-Laws also require a member to be a member of a Chapter: "Every
Regular Member shall be a member of a Chapter of his choice, whether on the basis of residence, place
of work or place relevant to his practice, or for other reasons, where applicable." (Article II, Section 5.3).
This set-up is reasonable, as it is intended for a valid objective or purpose: "A Chapter of the UAP is
created for the purpose of promoting maximum participation of all members in UAP affairs and advancing
the objectives of the organization." (Article III, Section 1).
It can be added that the requirement of Chapter membership is not an unreasonable one and is not
necessarily inconsistent with the concept of "automatic membership" under Section 40 of RA No. 9266,
considering that a UAP Chapter is not actually an entity separate or independent from UAP. The Chapters
are still part of the UAP; they are merely organizational units of UAP created to help achieve UAP's
purposes as an organization.

Is there validity on the PRBoA resolution requiring the presentation of the official receipt of
payment of membership fee, certification of payment thereof or certificate of good standing, as a
requirement for the issuance of the certificate of registration and/or issuance of professional
identification card or renewal thereof?
Can the PRBoA impose the requirement that an architect must first pay his membership fees and
dues to his accredited professional organization (UAP) and present an official receipt for such
payment or a Certificate of Good Standing or a Certificate of Membership from UAP (which
presupposes payment of membership dues and fees) before the PRC can register him as a
professional and issue a Certificate of Registration/License and Professional Identification Card
or renewal thereof?
Will this PRBoA imposed requirement not violate the provision of RA No. 8981 and the
fundamental freedom of choice guaranteed to any individual by the Constitution?
The extent of authority of the PRBoA relies vis-avis the power of the PRC "to register or license an
otherwise qualified professional or issue or renew his Professional ID card," under Section 7 of RA No.
8981.
RA No. 9266 provides for automatic membership of the architect in the integrated and accredited
professional organization. The law also provides for certain conditions, such as registration and payment
of required fees for one to become a member of the integrated and accredited professional organization
(UAP). For which reason, there appears to be no conflict should the PRBoA would require presentation of
official receipt as evidence of payment of fees and dues.
Citing the Supreme Court ruling in the case of In the matter of the IBP membership Dues Delinquency of
Atty. M.A. Exxxxxxx (101 SCRA 612):
xxx (M)ay we state, at this point, that in the case involving the same issue of payment of membership
dues, the Supreme Court ruled that "what must ever be borne in mind is that membership in the bar, to
follow Cardozo is a privilege burdened with conditions. Failure to abide by any of them entails the loss of
such privilege if the gravity thereof warrants such drastic move." Here, it shows that just like any other
practice of professions, payment of IBP membership dues is a condition that is stressed by the court.
In statutory construction, nothing is more basic than rule that when the language of the law is clear and
unequivocal, the law must be taken to mean exactly what it says. The law must be interpreted literally and
given effect as that literal meaning thereof is conclusively presumed to be the meaning that the
Legislature intended. Until such time that the law on the matter is amended and/or repealed, there exist
the duty to implement the same.
Moreover, as regards the power of the PRBoA that adopted said resolution, the rule is settled that the
Congress may validly delegate to administrative agencies, which ought to know the law, the authority to
promulgate rules and regulations to implement a given legislation and effectuate its policies after due
deliberation. Said rules and regulations promulgated in pursuance of an authority conferred by law
partake of the nature of a statute since they may be said to be the product of a delegated power to create
new or additional legal provisions that have the force and effect of law.
In adopting/issuing the said PRBoA Resolution, the Board merely exercised their authority to provide
certain conditions and regulations to give effect to the laws which they seek to implement. For while the
rule-making power of the Boards cannot be extended to amending or expanding the statutory requirement

or to embrace matters not covered by the statute, they are not, however, precluded from validly providing
regulations necessary to effectively and efficiently implement their respective laws, subject only to the
conditions that the rules are germane to the objects and purposes of the law, conform to the standards
that the law prescribes, and must relate solely to carrying into effect the general provisions of the law.
There is no showing that in passing the Resolution, the PRBoA exceeded the limits of their power, much
less failed to meet the aforesaid conditions.
Thus, unless and until the provisions empowering the Board to impose certain conditions are repealed or
otherwise removed from the law (RA 9266), there is no reason to say that the PRBoa Resolution requiring
presentation of the official receipt of payment of membership fee, certification of payment thereof or
certificate of good standing, as a requirement for the issuance of the certificate of registration and/or
issuance of professional identification card or renewal thereof is not valid.

The UNITED ARCHITECTS OF THE PHILIPPINES

The humble beginnings of the United Architects of the Philippines predates long before the
establishment of bonafide professions in the Philippines. The first known organization of
architects together with allied professionals is the Academia de Arquitectura y Agrimensura
de Filipinos (AAAF) founded in 14 September 1902. After a year, in 1903, AAAF changed
its name to Academia de Inginieria, Arquitectura y Agrimensura de Filipinas (AIAAF).

In 1911, AIAAF was dissolved that created a separate professional organization only for the
architects. And in 1921, the Philippine National Assembly Act No. 2985 was passed,
ratifying the law for the practice of the profession of architecture with its unique function and
separate identity from the profession of engineering.

In 17 June 1950, by virtue of Republic Act 545 an Act to Regulate the Practice of
Architecture in the Philippines, the professional practice of architects in the Philippines was
established. During 1930s to 1950s, there were many architectural associations that have
survived through 1970s- the Association of Philippine Government Architects (APGA),
League of Philippine Architects (LPA) and the Philippine Institute of Architects (PIA).
In June 1973, then President Ferdinand E. Marcos issued Presidential Decree 223, creating
Professional Regulation Commission (PRC) regulating all professions in the Philippines. In
December 12, 1974, the United Architects of the Philippines (UAP) was founded with the
objective of unifying the three existing architectural associations- APGA, LPA and PIA. The
newly integrated organization of architects was composed of members of the three

architectural associations who automatically became its first members. During UAPs first
year of existence, 700 members were officially registered for UAPs active membership.

UAP was officially registered with the Securities and Exchange Commission (SEC) on 26
March 1975 and in 12 May 1975, the PRC granted its Certificate No. 001 to UAP as the
first and duly accredited professional organization of the architects in the Philippines.

Through the years, UAP has proven to be a catalyst of change on the professional practice
of architects in the Philippines and providing well-rounded service to its architectural
community. UAP has received numerous accolades and professional awards for excellence
by PRC in 2002, 2007, 2008 and 2011 as the Most Outstanding Accredited Professional
Organization (APO) of the Year. UAP is the first and only APO to win the award four times
in the PRCs award history.

UAP was also instrumental in the passing of Republic Act 9266: The Architects Law of 2004
in 26 April 2004. While in 22 June 2004, PRC through its Board of Architecture, accredited
UAP as the Integrated and Accredited Professional Organization of Architects (IAPOA). It
aims to equip Filipino architects with more definitive rights, benefits and distinction among
other professionals in the construction industry.

Internationally, UAP is an active member and dynamic collaborator of Architects Regional


Council Asia (ARCASIA), Union International Des Architectes (UIA), Eastern Regional
Organization for Planning and Human Settlements (EAROPH), Asia-Pacific Economic
Cooperation (APEC), National Commission for Culture and the Arts (NCCA), Department of
Public Works and Highways (DPWH) and Professional Regulation Commission (PRC).

UAP: NO LONGER THE IAPOA. Senator Antonio Trillanes IV said, "Technically there is no IAPOA."
THE SENATE COMMITTEE ON CIVIL SERVICE HEADED BY SEN. ANTONIO TRILLANES IV
CONDUCTED A SENATE HEARING ON THE STATUS OF UAP AS IAPOA. AFTER DUE
DELIBERATIONS WITH DIFFERENT STAKEHOLDERS, THE GOOD SENATOR RULED WITH
FINALITY THAT THE MANNER BY WHICH UAP WAS ACCREDITED BY THE BOARD OF
ARCHITECTURE AND APPROVED BY THE PRC WAS A VIOLATION OF THE LAW. IN VIEW OF
THIS, THE SENATOR INSTRUCTED THE BOARD OF ARCHITECTURE TO PROPERLY

ORGANIZE AND ACCREDIT A NEW IAPOA PROPERLY REPRESENTED BY THE ENTIRE


CROSS SECTION OF THE ARCHITECTURE COMMUNITY
From Architect J. Paul Octaviano, FPIA

IAPOA Integrated Accredited Professional Organization of Architects (the same as United


Architects of the Philippines, Inc.)

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